All Costs, fees and funding articles – Page 94
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NewsBattle lines drawn over mesothelioma costs
Personal injury sector at loggerheads over liability for mesothelioma claims.
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Opinion
Bar plays by different rules
Members of the profession may not know that they can be out of pocket paying counsel’s fees when the court has determined that those fees are unreasonable.
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NewsRamsey: I'll change Jackson if necessary
Team to review success of costs reforms six months after implementation.
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OpinionCobbetts undertakers count their money
Insolvency practitioners collect millions in fees while creditors are often left with pennies. Will the government act?
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OpinionDefamation costs: lessons from the PI world
Last Friday the government unveiled its plans to bring in costs protection in defamation cases. The proposed scheme would be similar to the qualified one-way costs shifting (QOCS) regime that came in into force in personal injury in April, but with some important differences. In particular, in defamation, QOCS will ...
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NewsScotland’s ‘Jackson’ proposes DBAs and QOCS
A review of civil litigation funding in Scotland has drawn many of the same conclusions as Jackson LJ.
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FeatureNew Civil Procedure Rules: handmaid or mistress?
Indulgence can no longer be granted where parties fail to comply with their procedural obligations.
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FeatureChanges to the Pre-Action Protocol
The Pre-Action Protocol for personal injury claims with a value of less than £10,000 arising from road traffic accidents applies to accidents occurring after 30 April 2010, when the protocol, Practice Direction 8B and the fixed costs in part 45 came into force.
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FeatureDBAs: greater need for expert early case assessment
It is crucial that prospective claimants get an ‘early case assessment’ of the potential scale of any settlement under Jackson’s new damages-based agreements.
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FeatureRelief from sanctions in costs budgeting
How the courts are dealing with applications for relief from sanctions imposed under Lord Justice Jackson’s new costs management rules?
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OpinionCracking the whip on costs
Judges have been instructed to take a tough line on costs budgeting rules.
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NewsCity clashes with judiciary over budgeting exemption
City lawyers are at loggerheads with the senior judiciary over mandatory costs budgeting
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Opinion
Avoiding costs complaints: unusual amounts
Get the client’s approval in writing to every step taken in order to limit the risk of complaints later on.
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News
Commons whiplash inquiry finds for claimants
MPs today warn the government that its plans to cut the cost of whiplash claims will impair access to justice and leave the door open for claims management companies.
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News
City lawyers plead to keep budgeting exemption
City lawyers are at loggerheads with the senior judiciary over mandatory costs budgeting for high-value commercial cases.
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Opinion
Avoiding costs disputes with clients
The next growth industry for costs disputes will be between solicitor and client.
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OpinionLawyers need to think tactically on costs
A few months in to the new costs budgeting regime, many litigators have already had to knuckle down and complete Precedent H
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Feature
Assessing costs in clinical negligence cases
Clinical negligence practitioners on both the claimant and defendant sides are waiting with bated breath to see how courts will deal with arguments on proportionality.
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OpinionTactics emerge in costs budgeting
Some interesting points emerged in relation to costs budgeting at IBC Legal’s Impact of Jackson conference last week. By now, many litigators will have had to knuckle down and complete Precedent H – the form through which they must provide the opposing party with an estimate of their costs in ...
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Feature
Specialist courts under microscope on costs budgeting
Exempting mandatory costs budgeting for claims in excess of £2m may be ‘unnecessary and inappropriate’, a newly established sub-group of the Civil Procedure Rule committee has suggested. An intervention from the Judicial Office in February ensured that high-value commercial cases would be exempt from impending Jackson reforms. It meant that ...